Parental consent (§ 107 BGB)

In short: For contracts with a legal disadvantage a minor needs the consent (prior approval) of their legal representatives. If they agree only later, that is called ratification.

In more detail: § 107 BGB says that people with limited capacity need the legal representatives’ consent for declarations that are not purely advantageous. Without it the contract is provisionally invalid. The other party can ask the parents to make a statement (§ 108 BGB).

In detail

• Consent: given beforehand, possible without form, but for written contracts better recorded in writing.
• Ratification: given afterwards. Only then does the contract become valid retroactively.
• Both parents: with joint custody both parents act in principle; in daily life one parent’s approval often suffices.
• For a business: the parents’ consent alone is not enough. The family court must also approve (Family court approval).
• In practice: a written consent belongs to the documents for court and trade office.

See also: Legal representative and parental custody, Authorisation under § 112 BGB